Torts II

Joint Venture

The majority rule is that vicarious liability may be imposed upon those engaged in a joint venture or enterprise.

The Restatement (Second) of Torts § 491 comment c defines the four elements of a joint enterprise as:

1. an agreement, express or implied, among the members of the group;
2. a common purpose to be carried out by the group;
3. a community of pecuniary interest in that purpose, among the members; and
4. an equal right to a voice in the direction of the enterprise, which gives an equal right of control.